RESERVATIONS REGARDING TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES APPENDIX 1

Transcription

1 ANNEX IX RESERVATIONS REGARDING TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES APPENDIX 1 RESERVATIONS ON KEY PERSONNEL AND GRADUATE TRAINEES (referred to in Article 124 of this Agreement) SECTION A COLOMBIA 1. The list of reservations below indicates the economic activities liberalised by Colombia pursuant to Article 114 of Title IV (Trade in Services, Establishment, and Electronic Commerce) of this Agreement for which limitations on key personnel and graduate trainees in accordance with Article 124 of this Agreement apply and specifies such limitations. The list is composed of the following elements: (a) first column indicating the sector or sub-sector in which limitations apply; and EU/CO/PE/Annex IX/en 1

2 (b) second column describing the applicable reservations. 2. Colombia does not undertake any commitment for key personnel and graduate trainees in economic activities which are not liberalised (remain unbound) pursuant to Article 114 of this Agreement. 3. In identifying individual sectors and sub-sectors: (a) ISIC rev 3.1 means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N 4, ISIC REV 3.1, (b) CPC means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N 77, CPC prov, EU/CO/PE/Annex IX/en 2

3 4. The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, and measures regarding employment, work and social security conditions when they do not constitute a limitation within the meaning of Articles 112 and 113 of this Agreement. Those measures (e.g. need to obtain a license, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, need to have a legal domicile in the territory where the economic activity is performed, need to comply with national regulations and practices concerning minimum wages and with collective wage agreements in the host country), even if not listed, apply in any case to key personnel and graduate trainees of the investors of the other Party. 5. In accordance with Article 107 paragraph 3 of this Agreement, the list below does not include measures concerning subsidies granted by the Parties. 6. The list below is without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment. 7. The rights and obligations arising from this list of commitments shall have no self-executing effect and thus confer no rights directly to individual natural persons or juridical persons. EU/CO/PE/Annex IX/en 3

4 ALL SECTORS ALL SECTORS ALL SECTORS ALL SECTORS 2. FISHING AND AQUACULTURE (ISIC rev.3.1: 0501, 0502) excluding advisory and consultancy services 6. BUSINESS SERVICES. A. Professional Services b) 1. Accounting and Bookkeeping Services (CPC 862) c) Taxation Advisory Services (CPC 863) C. Research and Development Services a) Research and Development services on natural sciences (CPC 851) Minorities and ethnic groups Colombia reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities and ethnic groups, including with respect to the communal lands held by ethnic groups in accordance with Art. 63 of the Constitución Política de Colombia. The ethnic groups in Colombia are: indigenous and Rom (gypsy) people, Afro-Colombian communities and the Raizal community of the Archipelago of San Andrés, Providencia, and Santa Catalina. Traditional Expressions Colombia reserves the right to adopt or maintain any measure according rights or preferences to local communities with respect to the support and development of expressions relating to intangible cultural patrimony declared pursuant to Resolución No de Any employer with a staff of more than ten employees must employ Colombians in a proportion of not less than 90 per cent of the staff of ordinary employees and not less than 80 per cent of the skilled employees or specialists, administrative staff or persons in posts of responsibility. Only natural or juridical persons with their main office in the free port of San Andrés, Providencia, and Santa Catalina may supply services in this region. Only Colombian nationals may engage in artisanal fishing Only persons registered with the Junta Central de Contadores may practice as accountants. A foreign national must have been domiciled continuously in Colombia for at least three years prior to the registration request and demonstrate accounting experience carried out in the territory of Colombia for a period of not less than one year. Any foreign person planning to undertake scientific research on biological diversity in the territory of Colombia must involve at least one Colombian researcher in the research or analysis of the results of such research. EU/CO/PE/Annex IX/en 4

5 F. Other Business Services g) Advisory and Consulting Services Relating to Fishing (part of CPC FINANCIAL SERVICES Only Colombian nationals may engage in artisanal fishing A foreign national who has resided in Colombia for less than one year may not supply services in Colombia as an insurance agent. A. Insurance and insurance-related services 16. TRANSPORT SERVICES A. Maritime transport In Colombian flag vessels and foreign-flagged vessels (except those relating to fishing) that operate in Colombian jurisdictional waters for a period of time longer than six months, continuous or discontinues, from the date of the issuing of the respective permit, the captain, officials and at least the eighty (80) per cent of the rest of the crew must be Colombians. Pilotage on Colombian territorial seas and rivers may only be performed by Colombian nationals. a) Passenger transportation (CPC 7221) b) Freight transportation (CPC 7112) B. Internal Waterways Transport Pilotage on Colombian territorial seas and rivers may only be performed by Colombian nationals. a) Passenger transportation (CPC 7221) b) Freight transportation (CPC 7222) g) Rental of Vessels for maritime navigation with Crew (CPC 72130) Customs Services In order to perform customs intermediation, intermediation for postal services ("intermediación para servicios postales") and "mensajeria especializada" 1 (including express delivery), deposit of merchandise, transportation of merchandise under the customs control, or international cargo services, or to act as Permanent Customs Users ("Usuarios Aduaneros Permanentes") or Highly Exporting Users ("Usuarios Altamente Exportadores"), a person must be domiciled in Colombia or have a domiciled representative legally responsible for their activities in Colombia. 1 "Servicio de mensajería especializada" means the class of postal services that is supplied independently of the official postal networks for national and international mail, and that requires the application and adoption of special procedures for the receipt, collection, and personal delivery of mail and other postal objects transported by land and air within or from the territory of Colombia. EU/CO/PE/Annex IX/en 5

6 SECTION B EU PARTY The following abbreviations are used: AT BE BG CY CZ DE DK ES EE EU FI FR EL HU IE IT LV LT LU MT NL PL PT Austria Belgium Bulgaria Cyprus Czech Republic Germany Denmark Spain Estonia European Union, including all its Member States Finland France Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta The Netherlands Poland Portugal EU/CO/PE/Annex IX/en 6

7 RO SK SI SE UK Romania Slovak Republic Slovenia Sweden United Kingdom 1. The list of reservations below indicates the economic activities liberalised pursuant to Article 114 of this Agreement for which limitations on key personnel and graduate trainees in accordance with Article 124 of this Agreement apply and specifies such limitations. The lists are composed of the following elements: (a) a first column indicating the sector or sub-sector in which limitations apply; and (b) a second column describing the applicable limitations. When the column referred to under subparagraph (b) only includes European Union Member State -specific reservations, European Union Member States not mentioned therein undertake commitments in the sector concerned without reservations 1. The European Union and its Member States do not undertake any commitment for key personnel and graduate trainees in economic activities which are not liberalised (remain unbound) pursuant to article 114 of this Agreement. 1 The absence of European Union Member State-specific reservations in a given sector is without prejudice to horizontal reservations or to sectoral European Union -broad reservations that may apply. EU/CO/PE/Annex IX/en 7

8 2. In identifying individual sectors and sub-sectors: (a) "ISIC rev 3.1" means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N 4, ISIC REV 3.1, 2002; (b) "CPC" means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N 77, CPC prov, 1991; and (c) "CPC ver. 1.0" means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N 77, CPC ver 1.0, Commitments on key personnel and graduate trainees do not apply in cases where the intent or effect of their temporary presence is to interfere with or otherwise affect the outcome of any labour/management dispute or negotiation. EU/CO/PE/Annex IX/en 8

9 4. The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, and measures regarding employment, work and social security conditions when they do not constitute a limitation within the meaning of Articles 112 and 113 of this Agreement. Those measures (e.g. need to obtain a license, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, need to have a legal domicile in the territory where the economic activity is performed, need to comply with national regulations and practices concerning minimum wages and with collective wage agreements in the host country), even if not listed, apply in any case to key personnel and graduate trainees of investors of another Party. In accordance with Article 107 paragraph 3 of this Agreement, the list below does not include measures concerning subsidies granted by the Parties. 5. All requirements of the laws and regulations of the European Union and its Member States regarding entry, stay, work and social security measures shall continue to apply, including regulations concerning period of stay, minimum wages as well as collective wage agreements even if not listed below. EU/CO/PE/Annex IX/en 9

10 6. The list below is without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment. 7. In those sectors where economic needs tests are applied, their main criteria will be the assessment of the relevant market situation in the European Union Member States or the region where the service is to be provided, including with respect to the number of, and the impact on, existing services suppliers. 8. The rights and obligations arising from this list of reservations shall have no self-executing effect and thus confer no rights directly to individual natural persons or juridical persons. EU/CO/PE/Annex IX/en 10

11 ALL SECTORS ALL SECTORS ALL SECTORS ALL SECTORS Economic needs test BG, HU: Economic needs test is required for graduate trainees. Scope of intra-corporate transfers BG: The number of intra-corporate transferees is not to exceed 10 per cent of the average annual number of the European Union citizens employed by the respective Bulgarian juridical person: Where less than 100 persons are employed, the number of intra-corporate transferees may, subject to authorisation, exceed 10 per cent. HU: Unbound for natural persons who have been a partner in a juridical person of another Party. Managing directors and auditors AT: Managing directors of branches of juridical persons have to be resident in Austria; natural persons responsible within a juridical person or a branch for the observance of the Austrian Trade Act must have a domicile in Austria. FI: A foreigner carrying on trade as private entrepreneur needs a trade permit and has to be permanently resident in the European Union. For all sectors, except telecommunications services, nationality condition and residence requirement for the managing director of a limited company. For telecommunications services, permanent residency for the managing director. FR: The managing director of an industrial, commercial or artisanal activity, if not holder of a residence permit, needs a specific authorisation. RO: The majority of the commercial companies' auditors and their deputies shall be Romanian citizens. SE: The managing director of a juridical person or a branch shall reside in Sweden. Recognition EU: European Union directives on mutual recognition of diplomas only apply to European Union nationals. The right to practise a regulated professional service in one European Union Member State does not grant the right to practice in another European Union Member State 2. 2 In order for third-country nationals to obtain European Union -wide recognition of their qualifications, it is necessary a Mutual Recognition Agreement negotiated within the framework defined in Article 129 of this Agreement. EU/CO/PE/Annex IX/en 11

12 4. MANUFACTURING 3 H. Publishing, printing and reproduction of recorded media (ISIC rev 3.1: 22), excluding publishing and printing on a fee or contract basis 4 6. BUSINESS SERVICES A. Professional Services a) Legal Services (CPC 861) 5 excluding legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions, such as notaries, huissiers de justice or other officiers publics et ministériels IT: Nationality condition for publisher. PL: Nationality condition for the editor-in-chief of newspapers and journals. SE: Residency requirements for publisher and owner of publishing and printing company. AT, CY, ES, EL, LT, MT, RO, SK: Full admission to the Bar, required for the practice of domestic (European Union and its Member States) law, is subject to a nationality condition. For ES, the competent authorities may grant waivers. BE, FI: Full admission to the Bar, required for legal representation services, is subject to a nationality condition, coupled with residency requirements. In Belgium quotas apply for appearing before the "Cour de cassation" in noncriminal cases. BG: Foreign lawyers can only provide legal representation services of a national of their home country and subject to reciprocity and cooperation with a Bulgarian lawyer. For legal mediation services permanent residence is required. FR: Lawyers' access to the profession of "avocat auprès de la Cour de Cassation" and "avocat auprès du Conseil d'etat" is subject to quotas and to a nationality condition. HU: Full admission to the Bar is subject to a nationality condition, coupled with residency requirements. For foreign lawyers the scope of legal activities is limited to the provision of legal advice, which hast to take place on the basis of a collaboration contract concluded with a Hungarian attorney or law firm This sector does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.h). Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.p). Includes legal advisory, legal representational, legal arbitration and conciliation/mediation, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, European Union law and the law of any jurisdiction where the service supplier or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in European Union Member States. For lawyers providing legal services in respect of public international law and foreign law, these may take inter alia the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained) insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of European Union law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the European Union acting personally, and legal services in respect of the law of a European Union Member State shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that European Union Member State acting personally. Full admission to the Bar in the relevant European Union Member State might therefore be necessary for representation before Courts and other competent authorities in the European Union since it involves practice of European Union and national procedural law. However, in some European Union Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national or belonging to the State in which the lawyer is entitled to practice. EU/CO/PE/Annex IX/en 12

13 b) 1. Accounting and Bookkeeping Services (CPC other than "auditing services", CPC 86213, CPC and CPC 86220) b) 2. Auditing services (CPC and other than accounting services) c) Taxation Advisory Services (CPC 863) 6 LV: Nationality requirement for sworn solicitors, to whom legal representation in criminal proceedings is reserved. DK: Marketing of legal advice activities is restricted to lawyers with a Danish license to practice. Requirement of a Danish legal examination in order to obtain a Danish licence. LU: Nationality condition for the supply of legal services in respect of Luxembourg and European Union law. SE: Admission to the Bar, necessary only for the use of the Swedish title "advokat", is subject to a residency requirement. FR: Provision of accounting and bookkeeping services is conditional on a decision of the Minister of Economics, Finance and Industry, in agreement with the Minister of Foreign Affairs. The requirement of residence cannot exceed 5 years. AT: Nationality condition for representation before competent authorities and for performing audits provided for in specific Austrian laws (e.g. joint stock companies law, stock exchange law, banking law, etc.) DK: Residence requirement. ES: Condition of nationality for statutory auditors and for administrators, directors and partners of companies other than those covered by the 8th EEC directive on company law. FI: Residency requirement for at least one of the auditors of a Finnish Liability company. EL: Condition of nationality for statutory auditors. IT: Condition of nationality for administrators, directors and partners of companies other than those covered by the 8th EEC directive on company law. Residence requirement for individual auditors. SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, a.o. in all limited companies. Residency required for approval. AT: Nationality condition for representation before competent authorities. BG, SI: Nationality condition for specialists. HU: Residency requirement 6 Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.a). Legal services. EU/CO/PE/Annex IX/en 13

14 d) Architectural services and e) Urban planning and landscape architectural services (CPC 8671 and CPC 8674) f) Engineering services and g) Integrated engineering services (CPC 8672 and CPC 8673) h) Medical (including psychologists) and Dental services (CPC 9312 and part of CPC 85201) i) Veterinary services (CPC 932) EE: At least one responsible person (project manager or consultant) must be resident in Estonia BG: Foreign specialists must have experience in the field of construction of at least two years. Nationality condition for urban planning and landscape architectural services EL, HU, SK: Residence requirement EE: At least one responsible person (project manager or consultant) must be resident in Estonia BG: Foreign specialists must have experience in the field of construction of at least two years. EL, HU, SK: Residence requirement. CZ, IT, SK: Residence requirement. CZ, EE, RO, SK: Authorization by the competent authorities required for foreign natural persons. BE, LU: For graduate trainees, authorization by the competent authorities required for foreign natural persons. BG, CY, MT: Condition of nationality. DE: Condition of nationality which can be waived on an exceptional basis in cases of public health interest. DK: Limited authorization to fulfil a specific function can be given for maximum 18 months and requires residence. FR: Condition of nationality. However, access is possible within annually established quotas. LV: Practice of medical profession by foreigners requires the permission from local health authority, based on economic needs for medical doctors and dentists in a given region. PL: Practice of medical profession by foreigners requires the permission. Foreign medical doctors have limited election rights within the professional chambers. PT: Residence requirement for psychologists. BG, CY, DE, EE, EL, FR, HU, MT, SI: Nationality condition. CZ, SK: Nationality condition and residence requirement. IT: Residence requirement. PL: Nationality requirement. Foreign persons may apply for permission to practice EU/CO/PE/Annex IX/en 14

15 j) 1. Midwives services (part of CPC 93191) j) 2. Services provided by Nurses, Physiotherapists and Paramedical Personnel (part of CPC 93191) k) Retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods (CPC 63211) and other services supplied by pharmacists 7 AT: In order to establish a professional practice in Austria, the person concerned must have practised the profession in question at least three years preceding the setting up of that professional practice. BE, LU: For graduate trainees, authorization by the competent authorities required for foreign natural persons. CZ, CY, EE, RO, SK: Authorization by the competent authorities required for foreign natural persons. FR: Condition of nationality. However, access is possible within annually established quotas. HU: Nationality condition. IT: Residence requirement. LV: Economic needs determined by the total number of midwives in the given region, authorized by local health authorities. PL: Nationality condition. Foreign persons may apply for permission to practice. AT: Foreign services suppliers are only allowed in the following activities: nurses, physiotherapists, occupational therapists, logotherapists, dieticians and nutricians. In order to establish a professional practice in Austria, the person concerned must have practised the profession in question at least three years preceding the setting up of that professional practice. BE, FR, LU: For graduate trainees, authorization by the competent authorities required for foreign natural persons. CY, CZ, EE, RO, SK: Authorization by the competent authorities required for foreign natural persons. HU: Condition of nationality. DK: Limited authorization to fulfil a specific function can be given for maximum 18 months and requires residence. CY, CZ, EL, IT: Subject to economic needs test: decision is subject to regional vacancies and shortages. LV: Economic needs determined by the total number of nurses in the given region, authorized by local health authorities. FR: Condition of nationality. However, within established quotas, access for third country nationals is possible provided the service provider holds the French degree in pharmacy. DE, EL, SK: Condition of nationality HU: Condition of nationality except for retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods (CPC 63211). IT, PT: Residence requirement. 7 The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in European Union Member States. As a general rule, this activity is reserved to pharmacists. In some European Union Member States, only the supply of prescription drugs is reserved to pharmacists. EU/CO/PE/Annex IX/en 15

16 D. Real Estate Services 8 a) Involving Own or Leased Property (CPC 821) b) On a Fee or Contract Basis (CPC 822) E. Rental/Leasing Services without Operators e) Relating to personal and household goods (CPC 832) f) Telecommunications equipment rental (CPC 7541) F. Other Business Services e) Technical Testing and Analysis Services (CPC 8676) f) Advisory and Consulting services incidental to Agriculture, Hunting and Forestry (part of CPC 881) j) 2. Security Services (CPC 87302, CPC 87303, CPC and CPC 87305) FR, HU, IT, PT: Residence requirement. LV, MT, SI: Nationality condition. DK: Residence requirement unless waived by the Danish Commerce and Companies Agency. FR, HU, IT, PT: Residence requirement LV, MT, SI: Nationality condition. EU: Nationality condition for graduate trainees. AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists EU: Nationality condition for specialists and for graduate trainees. IT, PT: Residence requirements for biologist and chemical analyst. IT: Residence requirements for agronomists and "periti agrari". BE: Nationality condition and residence requirement for management personnel. BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: Nationality condition and residence requirement. DK: Nationality condition and residence requirement for managers and for airport guard services. ES, PT: Nationality condition for specialized personnel. FR: Nationality condition for managing directors and directors. IT: Nationality condition and residence requirement in order to obtain necessary authorization for security guard services and the transport of valuables. 8 The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons purchasing real estate. EU/CO/PE/Annex IX/en 16

17 k) Related Scientific and Technical Consulting Services (CPC 8675) l) 1. Maintenance and repair of vessels (part of CPC 8868) l) 2. Maintenance and Repair of Rail Transport Equipment (part of CPC 8868) l) 3. Maintenance and Repair of motor vehicles, motorcycles, snowmobiles and road transport Equipment (CPC 6112, CPC 6122, part of CPC 8867 and part of CPC 8868) l) 5. Maintenance and Repair services of metal products, of (non office) machinery, of (non transport and non office) equipment and of personal and household goods 9 (CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866) m) Building-Cleaning Services (CPC 874) n) Photographic Services (CPC 875) p) Printing and Publishing (CPC 88442) r) 1. Translation and Interpretation Services (CPC 87905) q) Convention Services (part of CPC 87909) BG: Nationality condition for specialists. DE: Nationality condition for publicly appointed surveyors. FR: Nationality condition for "surveying" operations relating to the establishment of property rights and to land law. IT, PT: Residence requirement. MT: Nationality condition. LV: Nationality condition. EU: For maintenance and repair of motor vehicles, motorcycles and snowmobiles, nationality condition for specialists and for graduate trainees. EU: Nationality condition for specialists and for graduate trainees. CY, EE, MT, PL, RO, SI: Nationality condition for specialists. LV: Nationality condition for speciality photography services. PL: Nationality condition for the supply of aerial photographic services. SE: Residency requirements for publisher and owner of publishing and printing company FI: Residence requirement for certified translators DK: Residence requirement for authorized public translators and interpreters, unless waived by the Danish Commerce and Companies Agency. SI: Nationality condition. 9 Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 6.F. l) 1 to 6.F.l) 4. Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 6.B. Computer services. EU/CO/PE/Annex IX/en 17

18 r) 3. Collection Agency Services (CPC 87902) r) 4. Credit reporting services (CPC 87901) r) 5. Duplicating services (CPC 87904) CONSTRUCTION AND RELATED ENGINEERING SERVICES (CPC 511, CPC 512, CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518) 9.DISTRIBUTION SERVICES (excluding distribution of arms, munitions and war material) C. Retailing Services 11 c) Food retailing services (CPC 631) 10. EDUCATIONAL SERVICES (only privately funded services) A. Primary Education Services (CPC 921) B. Secondary Education Services (CPC 922) BE, EL, IT: Nationality condition. BE, EL, IT: Nationality condition. AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists and for graduate trainees. LV: Economic needs test for specialists and nationality condition for graduate trainees. BG: Foreign specialists must have experience in the field of construction of at least two years. FR: Condition of nationality for tobacconists (i.e. buraliste) FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. IT: Condition of nationality for service providers who are authorised to issue State-recognized diplomas. EL: condition of nationality for teachers. FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. IT: Condition of nationality for service providers who are authorised to issue State-recognized diplomas. EL: Condition of nationality for teachers. LV: Condition of nationality for technical and vocational secondary schooltype education services for handicapped students (CPC 9224) It does not include printing services, which fall under CPC and are to be found under 6.F p). Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 6.B. and 6.F.l). It does not include retailing services of energy products which are to be found in ENERGY SERVICES under 18.E and 18.F. EU/CO/PE/Annex IX/en 18

19 C. Higher Education Services (CPC 923) 12. FINANCIAL SERVICES A. Insurance and insurance-related services B. Banking and other financial services (excluding insurance) FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. CZ, SK: Condition of nationality for higher education services, except for post-secondary technical and vocational education services (CPC 92310). IT: Condition of nationality for service providers who are authorised to issue State-recognized diplomas. DK: Condition of nationality for professors. AT: The management of a branch office must consist of two natural persons resident in Austria. EE: For direct insurance, the management body of an insurance joint-stock company with foreign capital participation may include citizens of non-european Union countries only in proportion to the foreign participation and not more than half of the members of the management group. The head of the management of a subsidiary or an independent company must permanently reside in Estonia. ES: Residency requirement and three years of experience for the actuarial profession. IT: Residency requirement for the actuarial profession. FI: The managing directors and at least one auditor of an insurance company shall have their place of residence in the European Union, unless the competent authorities have granted an exemption. The general agent of the foreign insurance company shall have his/her place of residence in Finland, unless the company has its head office in the European Union. PL: Residency requirement for insurance intermediaries BG: Permanent residence in Bulgaria is required for the executive directors and the managerial agent. FI: The managing directors and at least one auditor of credits institutions shall have their place of residence in the European Union, unless the Financial Supervision Authority has granted an exemption. The broker (individual person) on derivative exchange shall have his/her place of residence in the European Union. IT: Condition of residence within the territory of a European Union Member State for "promotori di servizi finanziari" (financial salesmen) LT: At least one manager must be a European Union citizen. PL: Nationality requirement for at least one of the bank executives. EU/CO/PE/Annex IX/en 19

20 13. HEALTH SERVICES AND SOCIAL SERVICES (only privately funded services) A. Hospital Services (CPC 9311) B. Ambulance Services (CPC 93192) C. Residential health facilities other than hospital services (CPC 93193) E. Social Services (CPC 933) 14. TOURISM AND TRAVEL RELATED SERVICES A. Hotel, Restaurants and Catering (CPC 641, CPC 642 and CPC 643) excluding catering in air transport services 12 B. Travel Agencies and Tour Operators Services (including tour managers) (CPC 7471) C. Tourist Guides Services (CPC 7472) 15. RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audio-visual services) A. Entertainment Services (including Theatre, Live Bands, Circus and Discotheque Services) (CPC 9619) FR: The necessary authorisation for the access to management functions takes into consideration the availability of local managers. LV: Economic needs tests for doctors, dentists, midwives, nurses, physiotherapists and para-medical personnel. PL: Practice of medical profession by foreigners requires the permission. Foreign medical doctors have limited election rights within the professional chambers. BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public (state and/or municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public (state and/or municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent ES, FR, EL, IT, PL, PT: Nationality condition ES, IT: The right to exercise the profession is reserved for the local organisations of tourist guides FR: The necessary authorisation for the access to management functions is subject to a condition of nationality when the authorisation for more than two years is required 12 Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT SERVICES under 17.D.a) Groundhandling services EU/CO/PE/Annex IX/en 20

21 16. TRANSPORT SERVICES A. Maritime transport a) International passenger transportation (CPC 7211 less national cabotage transport). b) International freight transportation (CPC 7212 less national cabotage transport) 13 D. Road Transport a) Passenger Transportation (CPC 7121 and CPC 7122) b) Freight Transportation (CPC 7123, excluding transportation of mail on own account 14 ). E. Pipeline transport of goods other than fuel 15 (CPC 7139) 17 SERVICES AUXILIARY TO TRANSPORT 16 A. Services auxiliary to Maritime Transport a) Maritime Cargo Handling Services b) Storage and warehousing Services (part of CPC 742) c) Customs Clearance Services d) Container Station and Depot Services e) Maritime Agency Services f) Maritime Freight Forwarding Services EU: Nationality condition for ships' crews AT: Nationality condition for the majority of managing directors AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership DK: Nationality condition and residence requirement for managers. BG, MT: Nationality condition AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership BG, MT: Nationality condition AT: Nationality condition for managing directors. EU: Nationality condition for crews for pushing, towing services, and for supporting services for maritime transport. AT: Nationality condition for the majority of managing directors for a), d), h), g), h), and i). BG, MT: Nationality condition DK: Requirement of residence for customs clearance services EL: Nationality condition for customs clearance services IT: Requirement of residence for "raccomandatorio marittimo" Includes feedering services and movement of equipment by international maritime transport suppliers between ports located in same State when no revenue is involved Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 7.A. Postal and courier services. Pipeline transportation of fuels is to be found in ENERGY SERVICES under 18.B. Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 6.F.l) 1 to 6.F.l) 4. EU/CO/PE/Annex IX/en 21

22 g) Rental of Vessels with Crew (CPC 7213) h) Pushing and towing services (CPC 7214) i) Supporting services for maritime transport (part of CPC 745) j) Other supporting and auxiliary services (part of CPC 749) B. Services auxiliary to internal waterways transport e) Pushing and towing services (CPC 7224) f) Supporting services for internal waterway transport ( part of CPC 745) C. Services auxiliary to road transport d) Rental of Commercial Road Vehicles with Operators (CPC 7124) e) Customs clearance services EU: Nationality condition for crews AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership for rental of commercial road vehicles with operators services. BG, MT: Nationality condition DK: Requirement of residence for customs clearance services EL: Nationality condition for customs clearance services PL: National restrictions concerning direct representation in customs clearance services: it can be performed by customs agents only who have the residence in the territory of European Union. FR: Unbound except if full reciprocity is granted. NL: The admittance of natural or juridical persons to act as customs representatives is subject to discretion by the inspector, as provided by articles 1(3) and 1(9) of the General Customs Act. Admittance will be denied in case the applicant has been irrevocably sentenced for a criminal act in the past five years. Customs representatives, who are not a resident of or established in the Netherlands, are required to take residence or establish a fixed location in the Netherlands, before they perform activities as an admitted customs representative. EU/CO/PE/Annex IX/en 22

23 D. Services auxiliary to rail transport 17 a) Customs clearance services E. Services auxiliary to air transport services a) Customs clearance services BG, MT: Nationality condition DK: Requirement of residence for customs clearance services EL: Nationality condition for customs clearance services PL: National restrictions concerning direct representation in customs clearance services: it can be performed by customs agents only who have the residence in the territory of European Union. FR: Unbound except if full reciprocity is granted. NL: The admittance of natural or juridical persons to act as customs representatives is subject to discretion by the inspector, as provided by articles 1(3) and 1(9) of the General Customs Act. Admittance will be denied in case the applicant has been irrevocably sentenced for a criminal act in the past five years. Customs representatives, who are not a resident of or established in the Netherlands, are required to take residence or establish a fixed location in the Netherlands, before they perform activities as an admitted customs representative. BG, MT: Nationality condition DK: Requirement of residence for customs clearance services EL: Nationality condition for customs clearance services PL: National restrictions concerning direct representation in customs clearance services: it can be performed by customs agents only who have the residence in the territory of European Union. FR: Unbound except if full reciprocity is granted. NL: The admittance of natural or juridical persons to act as customs representatives is subject to discretion by the inspector, as provided by articles 1(3) and 1(9) of the General Customs Act. Admittance will be denied in case the applicant has been irrevocably sentenced for a criminal act in the past five years. Customs representatives, who are not a resident of or established in the Netherlands, are required to take residence or establish a fixed location in the Netherlands, before they perform activities as an admitted customs representative. 17 The horizontal limitation on public utilities applies when the services require the use of the public domain. EU/CO/PE/Annex IX/en 23

24 F. Services auxiliary to pipeline transport of goods other than fuel 18 a) Storage and warehouse services of goods other than fuel transported by pipelines (part of CPC 742) 18. ENERGY SERVICES A. Services Incidental to Mining (CPC 883) OTHER SERVICES NOT INCLUDED ELSEWHERE a) Washing, Cleaning and Dyeing services (CPC 9701) b) Hairdressing services (CPC 97021) AT: Nationality condition for managing directors. SK: Residence requirement. EU: Nationality condition for specialists and for graduate trainees BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists and for graduate trainees. AT: Nationality condition for graduate trainees Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES. under 18.C. Includes the following service rendered on a fee or contract basis: advisory and consulting services relating to mining, on land site preparation, on land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services, plugging and abandoning of wells. Does not include direct access to or exploitation of natural resources. Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 8. CONSTRUCTION SERVICES. EU/CO/PE/Annex IX/en 24

25 c) Cosmetic treatment, manicuring and pedicuring services (CPC 97022) d) Other beauty treatment services n.e.c (CPC 97029) e) Spa services and non therapeutical massages, to the extent that they are provided as relaxation physical wellbeing services and not for medical or rehabilitation purposes 20 (CPC ver ) BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists and for graduate trainees. AT: Nationality condition for graduate trainees. BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists and for graduate trainees. AT: Nationality condition for graduate trainees. EU: Nationality condition for specialists and for graduate trainees. 20 Therapeutical massages and thermal cure services are to be found under 6.A.h) Medical services, 6.A.j) 2 Services provided by nurses, physiotherapists and para-medical personnel and health services (13.A and 13 C). EU/CO/PE/Annex IX/en 25

26 SECTION C PERU 1. The list of reservations below indicates the economic activities committed pursuant to Article 114 of this Agreement, for which limitations on key personnel and graduate trainees in accordance with Article 124 of this Agreement apply and specifies such limitations. The lists are composed of the following elements: (a) first column indicating the sector or sub-sector in which reservations apply; and (b) a second column describing the applicable reservations, the mode of supply and the obligation affected (Market Access MA or National Treatment NT). The MA and NT commitments are independent. Peru does not undertake any commitment for key personnel and graduate trainees in economic activities which are not committed (remain unbound) pursuant to Article 114 of this Agreement. EU/CO/PE/Annex IX/en 26

27 2. In identifying individual sectors and sub-sectors: (a) ISIC rev 3.1 means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 4, ISIC REV 3.1, 2002; and (b) CPC means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC prov, The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, and measures regarding employment, work and social security conditions when they do not constitute a limitation within the meaning of Articles 112 and 113 of this Agreement. Those measures (e.g. need to obtain a license, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, need to have a legal domicile in the territory where the economic activity is performed, need to comply with national regulations and practices concerning minimum wages and with collective wage agreements in the host country), even if not listed, apply in any case to key personnel and graduate trainees of the investor of the other Party. 4. In accordance with paragraph 3 of Article 107 of this Agreement, the list below does not include measures concerning subsidies or grants granted by the Parties. EU/CO/PE/Annex IX/en 27

28 5. The list below is without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment. 6. The rights and obligations arising from this list of commitments shall have no self-executing effect and thus confer no rights directly to individual natural persons or juridical persons. Sector or Sub-Sector ALL SECTORS INCLUDED IN THIS LIST Note: For greater certainty, in accordance with the Title IV of this Agreement, this Section is subject to the reservations on Establishment and Cross-Border Supply of Services. In this sense, the reservations listed in these Sections are applicable to this section. These commitments apply to all sectors listed under the lists for the Sections on Cross-Border, Trade in Services and Establishment in service and not services sectors. The attached sector list below refers to those sectors where: (i) "Unbound" commitments with reference to the horizontal section are assumed. This means that no obligation on Key Personnel and Graduate Trainees apply to that sector or sub-sector. (ii) the Market Access and National Treatment restrictions are listed directly. This means that there are additional sector-specific restrictions in addition to the horizontal. (iii) when the field is not mentioned, but the sector was undertaken in the list of Cross-Border Services or establishment, means that the category of key personnel and graduate trainees applies with no restriction. Peru reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities and ethnic groups. For purposes of this reservation: "ethnic groups" means indigenous, native and peasant communities 1. Peru reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent that they are social services established or maintained for a public purpose: income security and insurance, social security, social welfare, public education, public training, health, and childcare This reservation will not apply, to the extent of the inconsistency, to the sub-sectors and modes committed by Peru in its Schedule of Commitments of 1994 (GATS/SC/69) and its modifications in the documents GATS/SC/69/Suppl.1 and GATS/SC/Suppl.2 of GATS. Idem, footnote 1. EU/CO/PE/Annex IX/en 28

29 Hiring of foreign workers The intra-corporate transfers, as well as the graduate trainees, may supply services in Peru subject to the following measures: must have a labour contract celebrated in written form with a set period and it must be previously approved by the Ministry of Labor ("Ministerio de Trabajo") as a condition to obtain authorization of entry as worker; the maximum period of time of the contract is three years, which may be subsequently extended for like periods of time; commitment to train national personnel in the same occupation; all employers in Peru, independently of their activity or nationality, shall give preferential treatment to nationals when hiring its employees; and foreign natural persons may not represent more than 20 per cent of the total number of employees of an enterprise, and their pay may not exceed 30 per cent of the total payroll for wages and salaries. These percentages will not apply in the following cases: when the foreign national providing the service is the spouse, parent, child or sibling of a Peruvian national; when the personnel is working for a foreign enterprise providing international land, air and water transport services under a foreign flag and registration; when the foreign personnel works in a multinational bank or an enterprise that provides multinational services, subject to the laws governing specific cases; for a foreign investor, provided that its investment permanently maintains in Peru at least five Tributary Tax Units "UITs Unidad Impositiva Tributaria" during the life of its contract 3 ; for artists, athletes or other service-providers engaged in public performances in Peruvian territory, for a maximum of three months a year; when a foreign national has an immigrant visa; for a foreign national whose country of origin has a labour reciprocity or dual nationality agreement with Peru; and when foreign personnel provides services in Peru under a bilateral or multilateral agreement concluded by the Peruvian Government. 3 The Tributary Tax Unit is an amount used as a reference in taxation rules in order to maintain in constant values the tax basis, deductions, affectation limits and other aspects of the tax that the legislator considers convenient. EU/CO/PE/Annex IX/en 29